By Joseph Devine
Even when economic times are not as tough as they have been in recent years, the vast majority of American families live paycheck to paycheck. In such a delicate balance of income and living expenses, any disruption has the potential to lead to financial catastrophe. Workplace injuries often leave an employee and his or her family in a seemingly impossible situation and can cause tremendous physical, emotional, and financial adversity. To help combat these adverse effects, the federal government and each state has enacted law and regulations compelling employers to carry workers' compensation insurance.
In the event of an occupational injury or illness, the harmed employee is granted the opportunity to file a claim for workers' compensation benefits. The workers' compensation insurer evaluates this claim, and if it is approved then payments will be rendered for costs incurred by medical care and lost wages associated with the injury. There is no consideration given to which party is at fault, but occasionally the insurance company will attempt to deny a claim on spurious grounds in an effort to boost its profits and violate the rights of an injured worker. Depending upon the circumstance under which a claim is denied, it may be appropriate to file a suit for workers' compensation fraud.
Workers' Compensation Vs. Litigation
When extraordinary negligence or malicious actions play a role in an occupational illness or injury, then workers may have greater remedies available to them through litigation. Typically, though, the most appropriate resolution can be brought about through a workers' compensation claim. There are some potential drawbacks to this option, including a firmly imposed limitation on the amount of financial compensation and range of damages for which you may receive benefits. These were accepted as concessions to employers in exchange for other, more favorable terms.
The resulting workers' compensation scheme has several distinct advantages over the previous environment in which the only recourse available was through the courts. Of course, there are different perspectives on the matter, but it is important to note and appreciate the following positive aspects of the workers' compensation system:
An approved claim guarantees that all pertinent medical expenses will be paid
Weekly compensation (usually 66 2/3 % of average weekly wage) while hurt
No burden of proof regarding fault
Much swifter distribution of benefits than in a drawn out court case
Limited prospect of a negative outcome such as an unfavorable jury verdict
For Help With Claims
The process of filing for workers' compensation benefits can be confusing and complicated. Mistakes can create procedural grounds upon which your claim may be denied, keeping the money and medical treatment that you need out of the reach of your family. For help with claims, speak with the experienced Des Moines workers' compensation lawyers of LaMarca & Landry, P.C.
Joseph Devine
Sunday, October 11, 2009
The Advantages of the Workers' Compensation System
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